093_HB3146ham002











                                     LRB093 07790 AMC 14479 a

 1                    AMENDMENT TO HOUSE BILL 3146

 2        AMENDMENT NO.     . Amend House Bill 3146, AS AMENDED, by
 3    replacing everything  after  the  enacting  clause  with  the
 4    following:

 5        "Section  1.  Short  title.  This Act may be cited as the
 6    Registered  Surgical  Assistant   and   Registered   Surgical
 7    Technologist Title Protection Act.

 8        Section 5.  Legislative purpose.  The purpose of this Act
 9    is  to protect and benefit the public by setting standards of
10    qualifications, education, training, and experience for those
11    who seek to hold the title of registered  surgical  assistant
12    and registered surgical technologist.

13        Section 10.  Definitions. As used in this Act:
14        "Department"   means   the   Department  of  Professional
15    Regulation.
16        "Direct supervision" means supervision  by  an  operating
17    physician,  licensed  podiatrist,  or licensed dentist who is
18    physically present and who personally directs delegated  acts
19    and  remains  available to personally respond to an emergency
20    until the patient is released  from  the  operating  room.  A
21    registered   professional   nurse  may  also  provide  direct
 
                            -2-      LRB093 07790 AMC 14479 a
 1    supervision within  the  scope  of  his  or  her  license.  A
 2    registered   surgical   assistant   or   registered  surgical
 3    technologist shall perform duties as assigned.
 4        "Director" means the Director of Professional Regulation.
 5        "Physician"  or  "operating  physician"  means  a  person
 6    licensed to practice medicine in all of  its  branches  under
 7    the Medical Practice Act of 1987.
 8        "Registered surgical assistant" means a person who (i) is
 9    not  licensed  to  practice  medicine in all of its branches,
10    (ii)  is  certified  by  the  National   Surgical   Assistant
11    Association  on the Certification of Surgical Assistants, the
12    Liaison   Council   on   Certification   for   the   Surgical
13    Technologist as a certified first assistant, or the  American
14    Board  of  Surgical  Assisting,  (iii)  performs duties under
15    direct supervision, (iv) provides services only in a licensed
16    hospital,  ambulatory  treatment  center,  or  office  of   a
17    physician  licensed to practice medicine in all its branches,
18    and (v) is registered under this Act.
19        "Registered surgical technologist" means a person who (i)
20    is not a physician licensed to practice medicine  in  all  of
21    its  branches,  (ii)  is  certified by the Liaison Council on
22    Certification for the Surgical Technologist,  (iii)  performs
23    duties  under direct supervision, (iv) provides services only
24    in a  licensed  hospital,  ambulatory  treatment  center,  or
25    office  of  a  physician licensed to practice medicine in all
26    its branches, and (v) is registered under this Act.

27        Section 15.  Powers and duties of the Department.
28        (a)  The Department shall exercise the powers and  duties
29    prescribed  by  the Civil Administrative Code of Illinois and
30    shall exercise any other  powers  and  duties  necessary  for
31    effectuating the purposes of this Act.
32        (b)  The  Department  may adopt rules consistent with the
33    provisions of this Act for its administration and enforcement
 
                            -3-      LRB093 07790 AMC 14479 a
 1    and may prescribe forms that shall be  issued  in  connection
 2    with  this  Act. The rules may include but are not limited to
 3    criteria  for   registration,   professional   conduct,   and
 4    discipline.

 5        Section   20.  Illinois   Administrative  Procedure  Act;
 6    rules.
 7        (a)  The  Illinois  Administrative   Procedure   Act   is
 8    expressly  adopted  and incorporated in this Act as if all of
 9    the provisions of the Illinois Administrative  Procedure  Act
10    were  included  in  this  Act,  except  that the provision of
11    subsection   (d)   of   Section   10-65   of   the   Illinois
12    Administrative Procedure Act that provides that  at  hearings
13    the  registrant  has  the  right  to show compliance with all
14    lawful requirements for retention, continuation,  or  renewal
15    of the registration is specifically excluded. For purposes of
16    this  Act,  the  notice  required  under Section 10-25 of the
17    Illinois Administrative Procedure Act  is  deemed  sufficient
18    when mailed to the last known address of a party.
19        (b)  The   Director   may   promulgate   rules   for  the
20    administration and enforcement of this Act and may  prescribe
21    forms to be issued in connection with this Act.

22        Section 25.  Application for registration. An application
23    for  an  initial registration shall be made to the Department
24    in writing on forms prescribed by the Department and shall be
25    accompanied by the required nonrefundable fee. An application
26    shall require  information  that,  in  the  judgment  of  the
27    Department,  will  enable  the  Department  to  evaluate  the
28    qualifications of an applicant for registration.
29        If   an  applicant  fails  to  obtain  a  certificate  of
30    registration under this Act within 3 years after  filing  his
31    or  her  application,  the  application  shall be denied. The
32    applicant  may  make  a  new  application,  which  shall   be
 
                            -4-      LRB093 07790 AMC 14479 a
 1    accompanied by the required nonrefundable fee.

 2        Section   30.  Social  Security  Number  on  registration
 3    application. In addition to any other information required to
 4    be contained in the application,  every  application  for  an
 5    original,  renewal,  or  restored certificate of registration
 6    under this Act shall include the applicant's Social  Security
 7    Number.

 8        Section  35.  Title  protection.  No  person  shall  hold
 9    himself  or herself out as a registered surgical assistant or
10    registered surgical technologist without being so  registered
11    by the Department. This is title protection and not licensure
12    by the Department.

13        Section  40.  Application  of  Act. This Act shall not be
14    construed to prohibit the following:
15             (1)  A person licensed in this State under any other
16        Act from engaging in the practice for which he or she  is
17        licensed,  including  but  not  limited  to  a  physician
18        licensed  to  practice  medicine  in  all  its  branches,
19        physician  assistant, advanced practice registered nurse,
20        or nurse  performing  surgery-related  tasks  within  the
21        scope  of  his  or her license, nor are these individuals
22        required to be registered under this Act.
23             (2)  A  person  from  engaging  in  practice  as   a
24        surgical   assistant  or  surgical  technologist  in  the
25        discharge of his or her official duties as an employee of
26        the United States government.
27             (3)  One or more registered surgical assistants from
28        forming a professional service corporation in  accordance
29        with   the   Professional  Service  Corporation  Act  and
30        applying  for  licensure  as  a   corporation   providing
31        surgical assistant services.
 
                            -5-      LRB093 07790 AMC 14479 a
 1             (4)  A  student  engaging  in practice as a surgical
 2        assistant  or  surgical  technologist  under  the  direct
 3        supervision of a physician licensed to practice  medicine
 4        in  all  of its branches as part of his or her program of
 5        study at a  school  approved  by  the  Department  or  in
 6        preparation  to qualify for the examination as prescribed
 7        under Sections 45 and 50 of this Act.
 8             (5)  A  person  from  assisting  in  surgery  at  an
 9        operating physician's discretion.
10             (6)  A   hospital,   health   system   or   network,
11        ambulatory surgical treatment center, physician  licensed
12        to  practice  medicine  in  all  its  branches, physician
13        medical   group,   or   other   entity   that    provides
14        surgery-related  services from employing individuals that
15        the entity considers  competent  to  assist  in  surgery.
16        These  entities  are  not  required to utilize registered
17        surgical assistants or registered surgical  technologists
18        when  providing  surgery-related  services  to  patients.
19        Nothing  in  this  subsection shall be construed to limit
20        the ability of an employer to utilize the services of any
21        person to assist in surgery within the employment setting
22        consistent with the individual's skill and training.

23        Section    45.  Registration    requirements;    surgical
24    assistant. A person  shall  qualify  for  registration  as  a
25    surgical assistant if he or she has applied in writing on the
26    prescribed form, has paid the required fees, and meets all of
27    the following requirements:
28             (1)  Is at least 21 years of age.
29             (2)  Has  not  violated a provision of Section 95 of
30        this Act.  In  addition  the  Department  may  take  into
31        consideration any felony conviction of the applicant, but
32        a  conviction  shall  not  operate  as an absolute bar to
33        registration.
 
                            -6-      LRB093 07790 AMC 14479 a
 1             (3)  Has  completed  a  medical  education   program
 2        approved by the Department or has graduated from a United
 3        States   Military   Program   that   emphasized  surgical
 4        assisting.
 5             (4)  Has   successfully   completed    a    national
 6        certifying examination approved by the Department.
 7             (5)  Is currently certified by the National Surgical
 8        Assistant  Association  on  the Certification of Surgical
 9        Assistants, the Liaison Council on Certification for  the
10        Surgical  Technologist as a certified first assistant, or
11        the American Board of Surgical Assisting.

12        Section    50.  Registration    requirements;    surgical
13    technologist. A person shall qualify for  registration  as  a
14    surgical  technologist if he or she has applied in writing on
15    the prescribed form, has paid the required  fees,  and  meets
16    all of the following requirements:
17             (1)  Is at least 18 years of age.
18             (2)  Has  not  violated a provision of Section 95 of
19        this Act.  In  addition  the  Department  may  take  into
20        consideration any felony conviction of the applicant, but
21        a  conviction  shall  not  operate  as an absolute bar to
22        registration.
23             (3)  Has completed a surgical  technologist  program
24        approved by the Department.
25             (4)  Has   successfully   completed   the   surgical
26        technologist  national certification examination provided
27        by the Liaison Council on Certification for the  Surgical
28        Technologist or its successor agency.
29             (6)  Is  currently  certified by the Liaison Council
30        on Certification for the  Surgical  Technologist  or  its
31        successor  agency  and has met the requirements set forth
32        for certification.
 
                            -7-      LRB093 07790 AMC 14479 a
 1        Section 55.  Supervision requirement. A person registered
 2    under this Act shall practice as a  surgical  assistant  only
 3    under direct supervision.

 4        Section   60.  Expiration;   restoration;   renewal.  The
 5    expiration date and renewal period for  each  certificate  of
 6    registration  issued  under  this  Act  shall  be  set by the
 7    Department by rule. Renewal shall be  conditioned  on  paying
 8    the  required  fee  and  meeting other requirements as may be
 9    established by rule.
10        A registrant who has permitted his or her registration to
11    expire or who has had his or  her  registration  on  inactive
12    status   may   have   the  registration  restored  by  making
13    application to the Department, by filing proof acceptable  to
14    the Department of his or her fitness to have the registration
15    restored,  and  by paying the required fees. Proof of fitness
16    may  include  sworn  evidence  certifying  to  active  lawful
17    practice in another jurisdiction.
18        If the registrant has not maintained an  active  practice
19    in  another  jurisdiction satisfactory to the Department, the
20    Department  shall  determine,  by   an   evaluation   program
21    established  by  rule,  his or her fitness for restoration of
22    the  registration  and   shall   establish   procedures   and
23    requirements  for  restoration.  However,  a registrant whose
24    registration expired while he  or  she  was  (1)  in  federal
25    service  on  active  duty with the Armed Forces of the United
26    States or the State Militia called into service  or  training
27    or  (2) in training or education under the supervision of the
28    United States before induction into the military service, may
29    have the registration  restored  without  paying  any  lapsed
30    renewal fees if within 2 years after honorable termination of
31    the  service,  training, or education he or she furnishes the
32    Department with satisfactory evidence to the effect  that  he
33    or  she  has  been  so  engaged  and that his or her service,
 
                            -8-      LRB093 07790 AMC 14479 a
 1    training, or education has been so terminated.

 2        Section 65.  Inactive status. A registrant  who  notified
 3    the   Department  in  writing  on  forms  prescribed  by  the
 4    Department may elect to place  his  or  her  registration  on
 5    inactive   status   and   shall,  subject  to  rules  of  the
 6    Department, be excused from payment of renewal fees until  he
 7    or  she  notifies  the  Department  in  writing of his or her
 8    intention  to  restore   the   registration.   A   registrant
 9    requesting  restoration  from  inactive  status shall pay the
10    current renewal fee and shall restore his or her registration
11    in accordance with Section 60 of this Act. A registrant whose
12    license is on inactive  status  shall  not  hold  himself  or
13    herself  out as a registered surgical assistant or registered
14    surgical  technologist.  To  do  so  shall  be  grounds   for
15    discipline under Section 75 of this Act.

16        Section 70.  Fees; returned checks.
17        (a)  The  Department  shall  set  by  rule  fees  for the
18    administration of this Act, including but not limited to fees
19    for initial and renewal registration  and  restoration  of  a
20    certificate of registration.
21        (b)  A  person  who  delivers a check or other payment to
22    the Department that is returned to the Department  unpaid  by
23    the financial institution upon which it is drawn shall pay to
24    the Department, in addition to the amount already owed to the
25    Department,  a fine of $50. The fines imposed by this Section
26    are in addition to any other discipline provided  under  this
27    Act.  The  Department  shall  notify the person that fees and
28    fines shall be paid to the Department by certified  check  or
29    money  order within 30 calendar days of the notification. If,
30    after the  expiration  of  30  days  from  the  date  of  the
31    notification,  the  person has failed to submit the necessary
32    remittance, the Department shall automatically terminate  the
 
                            -9-      LRB093 07790 AMC 14479 a
 1    registration  or  deny  the application without a hearing. If
 2    the person seeks a license after termination or denial, he or
 3    she shall apply to the Department for restoration or issuance
 4    of the license  and  pay  all  fees  and  fines  due  to  the
 5    Department.  The  Department  may  establish  a  fee  for the
 6    processing of an application for restoration of a license  to
 7    defray  the  expenses  of  processing  the  application.  The
 8    Director may waive  the  fines  due  under  this  Section  in
 9    individual  cases  if the Director finds that the fines would
10    be unreasonable or unnecessarily burdensome.
11        (c)  All of the fees and fines collected under  this  Act
12    shall  be  deposited  into  the General Professions Dedicated
13    Fund. All moneys in the Fund shall be used by the Department,
14    as appropriated, for the ordinary and contingent expenses  of
15    the Department.

16        Section 75.  Grounds for disciplinary action.
17        (a)  The  Department  may  refuse  to  issue,  renew,  or
18    restore a registration, may revoke or suspend a registration,
19    or  may place on probation, censure, reprimand, or take other
20    disciplinary action with regard to a person registered  under
21    this  Act,  including  but  not  limited to the imposition of
22    fines not to exceed $5,000 for each violation, for any one or
23    combination of the following causes:
24             (1)  Making a material  misstatement  in  furnishing
25        information to the Department.
26             (2)  Violating a provision of this Act or its rules.
27             (3)  Conviction  under  the  laws of a United States
28        jurisdiction  of  a  crime  that  is  a   felony   or   a
29        misdemeanor, an essential element of which is dishonesty,
30        or of a crime that is directly related to the practice as
31        a surgical assistant or surgical technologist.
32             (4)  Making  a  misrepresentation for the purpose of
33        obtaining, renewing, or restoring a registration.
 
                            -10-     LRB093 07790 AMC 14479 a
 1             (5)  Wilfully aiding or assisting another person  in
 2        violating a provision of this Act or its rules.
 3             (6)  Failing  to  provide information within 60 days
 4        in response to a written request made by the Department.
 5             (7)  Engaging   in   dishonorable,   unethical,   or
 6        unprofessional conduct of a character likely to  deceive,
 7        defraud,  or  harm  the public, as defined by rule of the
 8        Department.
 9             (8)  Discipline    by    another    United    States
10        jurisdiction or foreign nation, if at least  one  of  the
11        grounds  for  discipline  is  the  same  or substantially
12        equivalent to those set forth in this Section.
13             (9)  Directly or indirectly giving to  or  receiving
14        from   a   person,  firm,  corporation,  partnership,  or
15        association a fee, commission, rebate, or other  form  of
16        compensation  for  professional  services not actually or
17        personally rendered.
18             (10)  A  finding  by   the   Department   that   the
19        registrant,  after  having his or her registration placed
20        on  probationary  status,  has  violated  the  terms   of
21        probation.
22             (11)  Wilfully  making  or  filing  false records or
23        reports in his or her practice, including but not limited
24        to false records or reports filed with State agencies.
25             (12)  Wilfully making or signing a false  statement,
26        certificate, or affidavit to induce payment.
27             (13)  Wilfully  failing  to  report  an  instance of
28        suspected child abuse or neglect as  required  under  the
29        Abused and Neglected Child Reporting Act.
30             (14)  Being  named  as a perpetrator in an indicated
31        report by the Department of Children and Family  Services
32        under  the  Abused  and Neglected Child Reporting Act and
33        upon proof by clear  and  convincing  evidence  that  the
34        licensee  has  caused  a  child  to be an abused child or
 
                            -11-     LRB093 07790 AMC 14479 a
 1        neglected child as defined in the  Abused  and  Neglected
 2        Child Reporting Act.
 3             (15)  Employment   of   fraud,   deception,  or  any
 4        unlawful means in applying for or securing a license as a
 5        surgical assistant.
 6             (16)  Failure to report to the  Department  (A)  any
 7        adverse  final  action  taken  against  the registrant by
 8        another registering or licensing jurisdiction, government
 9        agency, law enforcement  agency,  or  any  court  or  (B)
10        liability  for  conduct that would constitute grounds for
11        action as set forth in this Section.
12             (17)  Habitual intoxication or addiction to the  use
13        of drugs.
14             (18)  Physical illness, including but not limited to
15        deterioration  through the aging process or loss of motor
16        skills, which results in the inability  to  practice  the
17        profession  for  which  he  or  she  is  registered  with
18        reasonable judgment, skill, or safety.
19             (19)  Gross   malpractice   resulting  in  permanent
20        injury or death of a patient.
21             (20)  Immoral conduct in the commission  of  an  act
22        related  to  the registrant's practice, including but not
23        limited to sexual abuse,  sexual  misconduct,  or  sexual
24        exploitation.
25             (21)  Violation the Health Care Worker Self-Referral
26        Act.
27        (b) The Department may refuse to issue or may suspend the
28    registration  of  a person who fails to file a return, to pay
29    the tax, penalty, or interest shown in a filed return, or  to
30    pay  a  final  assessment of the tax, penalty, or interest as
31    required by a tax  Act  administered  by  the  Department  of
32    Revenue, until the requirements of the tax Act are satisfied.
33        (c)   The   determination  by  a  circuit  court  that  a
34    registrant is subject to involuntary  admission  or  judicial
 
                            -12-     LRB093 07790 AMC 14479 a
 1    admission  as provided in the Mental Health and Developmental
 2    Disabilities Code operates as an  automatic  suspension.  The
 3    suspension  will  end only upon (1) a finding by a court that
 4    the patient is no longer subject to involuntary admission  or
 5    judicial  admission,  (2) issuance of an order so finding and
 6    discharging the patient, and (3) the  recommendation  of  the
 7    Department  to the Director that the registrant be allowed to
 8    resume his or her practice.

 9        Section 80.  Cease and desist order.
10        (a) If a person violates a provision  of  this  Act,  the
11    Director,  in the name of the People of the State of Illinois
12    through the Attorney General of the State of Illinois, or the
13    State's Attorney of a county in which the  violation  occurs,
14    may  petition  for an order enjoining the violation or for an
15    order enforcing compliance with this Act. Upon the filing  of
16    a verified petition in court, the court may issue a temporary
17    restraining   order   without   notice   or   bond   and  may
18    preliminarily and permanently enjoin the violation. If it  is
19    established  that the registrant has violated or is violating
20    the  injunction,  the  court  may  punish  the  offender  for
21    contempt of court. Proceedings under this Section shall be in
22    addition to, and not in  lieu  of,  all  other  remedies  and
23    penalties provided by this Act.
24        (b)  If  a  person  holds  himself  or  herself  out as a
25    surgical assistant or  surgical  technologist  without  being
26    registered  under  this  Act,  then any registrant under this
27    Act, interested party, or person injured thereby, in addition
28    to the Director or State's Attorney, may petition for  relief
29    as provided in subsection (a) of this Section.
30        (c) If the Department determines that a person violated a
31    provision  of  this  Act,  the Department may issue a rule to
32    show cause why an order to cease and  desist  should  not  be
33    entered  against him or her. The rule shall clearly set forth
 
                            -13-     LRB093 07790 AMC 14479 a
 1    the grounds relied upon by the Department and shall provide a
 2    period of 7 days from the date of the rule to file an  answer
 3    to  the  satisfaction of the Department. Failure to answer to
 4    the satisfaction of the Department shall cause  an  order  to
 5    cease and desist to be issued immediately.

 6        Section 85.  Investigation; notice; hearing. Certificates
 7    of  registration  may  be  refused,  revoked,  suspended,  or
 8    otherwise  disciplined in the manner provided by this Act and
 9    not otherwise. The Department may upon  its  own  motion  and
10    shall  upon  the  verified complaint in writing of any person
11    setting forth facts that if proven would  constitute  grounds
12    for  refusal  to  issue or for suspension or revocation under
13    this Act, investigate the actions of a person  applying  for,
14    holding,  or  claiming to hold a certificate of registration.
15    The Department shall, before  refusing  to  issue  or  renew,
16    suspending,  or  revoking  a  certificate  of registration or
17    taking other discipline pursuant to Section 75 of  this  Act,
18    and  at  least 30 days prior to the date set for the hearing,
19    notify in writing the applicant or licensee  of  any  charges
20    made,   shall   afford   the  applicant  or  registration  an
21    opportunity to be heard in person or by counsel in  reference
22    to  the  charges,  and  direct the applicant or registrant to
23    file a written answer to the Department under oath within  20
24    days after the service of the notice and inform the applicant
25    or  registrant  that failure to file an answer will result in
26    default being taken against the applicant or  registrant  and
27    that  the  certificate  of  registration  may  be  suspended,
28    revoked, placed on probationary status, or other disciplinary
29    action may be taken, including limiting the scope, nature, or
30    extent  of practice, as the Director may deem proper. Written
31    notice may be served by personal delivery to the applicant or
32    registrant or by mailing the notice by certified mail to  his
33    or  her  last  known  place  of  residence or to the place of
 
                            -14-     LRB093 07790 AMC 14479 a
 1    business last specified by the applicant or registrant in his
 2    or her last notification to the  Department.  If  the  person
 3    fails  to  file  an answer after receiving notice, his or her
 4    certificate of registration may, in  the  discretion  of  the
 5    Department,  be suspended, revoked, or placed on probationary
 6    status or  the  Department  may  take  whatever  disciplinary
 7    action  deemed proper, including limiting the delegated tasks
 8    or the imposition of a fine, without a hearing, if the act or
 9    acts charged constitute sufficient grounds  for  such  action
10    under  this  Act.  At the time and place fixed in the notice,
11    the Department shall proceed to hearing of  the  charges  and
12    both the applicant or registrant and the complainant shall be
13    afforded  ample  opportunity  to  present,  in  person  or by
14    counsel, any statements, testimony, evidence,  and  arguments
15    that may be pertinent to the charges or to their defense. The
16    Department  may  continue  a  hearing  from time to time. The
17    Department may continue a hearing for a period not to  exceed
18    30 days.

19        Section  90.  Record  of  proceedings. The Department, at
20    its expense, shall preserve a record of all proceedings at  a
21    formal  hearing conducted pursuant to Section 85 of this Act.
22    The notice of hearing, complaint, and all other documents  in
23    the  nature  of  pleadings  and  written motions filed in the
24    proceedings, the transcript of testimony, the report  of  the
25    Department  or  hearing officer, and orders of the Department
26    shall be the record of the proceeding. The  Department  shall
27    supply  a  transcript of the record to a person interested in
28    the hearing on payment of  the  fee  required  under  Section
29    2105-115  of the Department of Professional Regulation Law of
30    the Civil Administrative Code of Illinois.

31        Section 95.  Order for production of documents. A circuit
32    court  may,  upon  application  of  the  Department  or   its
 
                            -15-     LRB093 07790 AMC 14479 a
 1    designee,  or  of  the applicant or registration against whom
 2    proceedings pursuant to Section 85 of this Act  are  pending,
 3    enter  an  order  requiring  the  attendance of witnesses and
 4    their testimony and  the  production  of  documents,  papers,
 5    files,  books,  and  records  in connection with a hearing or
 6    investigation authorized by this Act. The  court  may  compel
 7    obedience to its order through contempt proceedings.

 8        Section  100.  Subpoena  power.  The  Department  has the
 9    power to subpoena and bring before  it  any  person  in  this
10    State and to take testimony orally or by deposition, with the
11    same fees and mileage and in the same manner as prescribed by
12    law  in judicial proceedings in civil cases in circuit courts
13    of this State. The  Director  shall  have  the  authority  to
14    administer,  at any hearing that the Department is authorized
15    to conduct under this Act, oaths to witnesses and  any  other
16    oaths  authorized  to be administered by the Department under
17    this Act.

18        Section 105.  Disciplinary report. At the  conclusion  of
19    the  hearing,  the Department shall present to the Director a
20    written report of its findings of fact, conclusions  of  law,
21    and recommendations. In the report, the Department shall make
22    a  finding  of  whether  or  not  the  charged  registrant or
23    applicant violated a provision of this Act or its  rules  and
24    shall  specify  the  nature  of  the violation. In making its
25    recommendations for discipline, the Department may take  into
26    consideration  all  facts  and circumstances bearing upon the
27    reasonableness of the  conduct  of  the  respondent  and  the
28    potential  for  future  harm to the public, including but not
29    limited to previous discipline  of  that  respondent  by  the
30    Department,   intent,  degree  of  harm  to  the  public  and
31    likelihood of harm in the future, any restitution  made,  and
32    whether  the incident or incidents complained of appear to be
 
                            -16-     LRB093 07790 AMC 14479 a
 1    isolated  or  a   pattern   of   conduct.   In   making   its
 2    recommendations  for discipline, the Department shall seek to
 3    ensure that the severity of the discipline recommended  bears
 4    some   reasonable   relationship   to  the  severity  of  the
 5    violation.

 6        Section 110.  Motion for rehearing. In a  case  involving
 7    the   refusal  to  issue  or  renew  a  registration  or  the
 8    discipline of a registrant, a copy of the Department's report
 9    shall be served upon the respondent by the Department, either
10    personally or as provided under Section 20 of  this  Act  for
11    the  service  of  the notice of hearing. Within 20 days after
12    the service, the respondent may present to the  Department  a
13    motion  in  writing  for a rehearing, which shall specify the
14    particular  grounds  for  a  rehearing.  If  no  motion   for
15    rehearing  is  filed,  then  upon  the expiration of the time
16    specified for filing the motion, or if a motion for rehearing
17    is denied, then upon the denial the  Director  may  enter  an
18    order  in  accordance with recommendations of the Department,
19    except as provided in Section 115 or 120 of this Act. If  the
20    respondent  orders  a  transcript  of  the  record  from  the
21    reporting service and pays for the transcript within the time
22    for  filing  a motion for rehearing, the 20-day period within
23    which such a motion may be  filed  shall  commence  upon  the
24    delivery of the transcript to the respondent.

25        Section 115.  Order of Director.
26        (a)  The  Director  shall  issue  an order concerning the
27    disposition of the charges (i) following  the  expiration  of
28    the filing period granted under Section 110 of this Act if no
29    motion for rehearing is filed or (ii) following a denial of a
30    timely motion for rehearing.
31        (b)  The   Director's   order   shall  be  based  on  the
32    recommendations contained in the  Department  report  unless,
 
                            -17-     LRB093 07790 AMC 14479 a
 1    after  giving  due  consideration to the Department's report,
 2    the Director disagrees in any regard with the report  of  the
 3    Department,  in  which  case  he or she may issue an order in
 4    contravention of the report. The  Director  shall  provide  a
 5    written  report  to  the Department on any deviation from the
 6    Department's report and shall specify with particularity  the
 7    reasons  for  his  or  her  deviation in the final order. The
 8    Department's report and Director's order are  not  admissible
 9    in  evidence  against  the  person  in a criminal prosecution
10    brought for a violation of this Act, but the hearing, report,
11    and order are not a bar to a criminal prosecution brought for
12    the violation of this Act.

13        Section 120.  Hearing officer. The  Director  shall  have
14    the authority to appoint an attorney licensed to practice law
15    in  this  State  to serve as the hearing officer in a hearing
16    authorized under Section 90 of this Act. The hearing  officer
17    shall have full authority to conduct the hearing. The hearing
18    officer shall report his or her findings of fact, conclusions
19    of  law,  and  recommendations  to  the  Department.  If  the
20    Director  disagrees  in  any  regard  with  the report of the
21    Department, he or she may issue an order in contravention  of
22    the  report. The Director shall provide a written explanation
23    to the Department on a deviation from the Department's report
24    and shall specify with particularity the reasons for  his  or
25    her deviation in the final order.

26        Section  125.  Rehearing  on  order of Director. Whenever
27    the Director is not satisfied that  substantial  justice  has
28    been  achieved  in  the  discipline  of  a  registration, the
29    Director may order a rehearing by the same or another hearing
30    officer.

31        Section 130.  Order; prima facie proof.  An  order  or  a
 
                            -18-     LRB093 07790 AMC 14479 a
 1    certified  copy  of an order, over the seal of the Department
 2    and purporting to be signed by the Director, shall  be  prima
 3    facie proof that:
 4        (1)  the  signature  is  the  genuine  signature  of  the
 5    Director; and
 6        (2)  the Director is duly appointed and qualified.

 7        Section  135.  Restoration  of  registration. At any time
 8    after the  suspension  or  revocation  of  a  certificate  of
 9    registration, the Department may restore it to the registrant
10    unless,  after an investigation and a hearing, the Department
11    determines that restoration is not in  the  public  interest.
12    Where  circumstances of suspension or revocation so indicate,
13    the Department may require an examination of  the  registrant
14    before restoring his or her certificate of registration.

15        Section  140.  Surrender  of certificate of registration.
16    Upon  the  revocation  or  suspension  of  a  certificate  of
17    registration, the registrant shall immediately surrender  the
18    certificate   of  registration  to  the  Department.  If  the
19    registrant fails to do so,  the  Department  shall  have  the
20    right to seize the certificate of registration.

21        Section  145.  Temporary  suspension.  The  Director  may
22    temporarily  suspend the registration of a surgical assistant
23    or surgical technologist without  a  hearing,  simultaneously
24    with  the  institution  of proceedings for a hearing provided
25    for in Section 85 of this Act, if  the  Director  finds  that
26    evidence in his or her possession indicates that continuation
27    in  practice  would  constitute  an  imminent  danger  to the
28    public.  If  the  Director  temporarily  suspends  a  license
29    without a hearing, a hearing by the Department shall be  held
30    within 30 days after the suspension has occurred and shall be
31    concluded without appreciable delay.
 
                            -19-     LRB093 07790 AMC 14479 a
 1        Section 150.  Certificate of record. The Department shall
 2    not  be  required to certify any record to a court or file an
 3    answer in court or otherwise appear in a court in a  judicial
 4    review  proceeding  unless  there is filed in the court, with
 5    the complaint, a receipt from  the  Department  acknowledging
 6    payment of the costs of furnishing and certifying the record.
 7    Failure  on  the  part  of the plaintiff to file a receipt in
 8    court shall be grounds for dismissal of the action.

 9        Section  155.  Administrative  Review  Law.   All   final
10    administrative  decisions  of  the  Department are subject to
11    judicial review under the Administrative Review Law  and  its
12    rules.  The  term  "administrative decision" is defined as in
13    Section 3-101 of the Code of Civil Procedure. Proceedings for
14    judicial review shall be commenced in the  circuit  court  of
15    the  county in which the party seeking review resides. If the
16    party seeking review is not a resident of this  State,  venue
17    shall be in Sangamon County.

18        Section  160.  Criminal  penalties. A person who is found
19    to have knowingly violated Section 35 of this Act  is  guilty
20    of a Class A misdemeanor for a first offense and is guilty of
21    a Class 4 felony for a second or subsequent offense.

22        Section 165.  Civil penalties.
23        (a)  In  addition to any other penalty provided by law, a
24    person who violates Section 35 of this Act shall pay a  civil
25    penalty  to  the Department in an amount not to exceed $5,000
26    for each offense as determined by the Department.  The  civil
27    penalty  shall  be assessed by the Department after a hearing
28    is held in accordance with the provisions set forth  in  this
29    Act regarding a hearing for the discipline of a licensee.
30        (b)  The  Department  has  the  authority  and  power  to
31    investigate any and all unregistered activity.
 
                            -20-     LRB093 07790 AMC 14479 a
 1        (c)  The  civil  penalty assessed under this Act shall be
 2    paid within 60 days after the effective  date  of  the  order
 3    imposing  the  civil  penalty.  The  order shall constitute a
 4    judgment and may be filed and execution had on  the  judgment
 5    in the same manner as a judgment from a court of record.

 6        Section   170.  Home   rule  powers.  The  regulation  of
 7    surgical  assistants  and  surgical   technologists   is   an
 8    exclusive  power  and function of the State. A home rule unit
 9    shall  not   regulate   surgical   assistants   or   surgical
10    technologists.  This Section is a limitation under subsection
11    (h) of Section 6 of Article VII of the Illinois Constitution.

12        Section 900.  The Regulatory Sunset  Act  is  amended  by
13    changing Section 4.24 as follows:

14        (5 ILCS 80/4.24)
15        Sec.   4.24.  Acts  repealed  on  January  1,  2014.  The
16    following Acts are repealed on January 1, 2014:
17        The Electrologist Licensing Act.
18        The Illinois Public Accounting Act.
19        The Registered Surgical Assistant and Registered Surgical
20    Technologist Title Protection Act.
21    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

22        Section  999.  Effective  date.  This  Act  takes  effect
23    January 1, 2004.".